Monday, December 14, 2015

Really, Malaysia to be consistent with the United National Resolution that they voted in favour of concerning Human Rights Defenders need to review their position whether the trial should be continued or not. Lena Hendry's lawyers should have sent a letter requesting the Public Prosecutor given the change of circumstances at the end of November 2015. Even, if they did not, then the Public Prosecutor(the Attorney General) need to immediately review this case, and possible agree to a Discharge Not Ammounting to and Acquittal(DNAA), or better still agree to an Acquittal.

It is hypocritical for Malaysia to continue with the trial after they have accepted the UN Declaration on Human Rights Defenders.

We are hopeful that Malaysia will do the right thing now, and drop the charges.

Activist Lena Hendry’s trial begins

Activist, Lena
Hendry faced her first day of trial at Duta court on Monday. Lena was
charged under Section 6 of Film Censorship Act for organizing a private
screening of award-winning documentary, No Fire Zone: The Killing Fields
of Sri Langka on July 3, 2013. - Star, 14/12/2015

[There is video included in the Star Report - I could not open it just now]

Lena hits out at gov't over 'killing fields' film

Community
Communication Centre (Komas) programme coordinator Lena Hendry has hit
out at the government for violating her fundamental rights by
prosecuting her over a Sri Lanka genocide documentary filmed two years
ago.

"I think the case has gone on too long. Prosecuting me for
screening a film is definitely against my freedom of expression," Lena
said outside the Kuala Lumpur Magistrate's Court.

She was charged with screening the documentary without the approval of the Film Censorship Board.

The court proceeding began today following her failure to get the charge against her set aside.

"I
think the Attorney-General's Chambers has been far-fetched in pressing a
charge on screening a film. Look at the law, it basically says that all
films are illegal, how can all films be illegal?

"That means even
the film I take in my mobile is technically illegal; it is just they
don't enforce the law. It is quite sad to see the state of human rights
in Malaysia," said Lena.

"It has been a very exhausting and tiring
journey (for me). We have to fight the case (all the way) to the
Federal Court and we lost," she said.

"If you look at the issue, it is about human rights and the alleged war crimes committed by the Sri Lankan government.

"I
am not sure why the government is still going to prosecute me. At the
United Nations, the government said it supports freedom of expression
and has even signed the resolution to protect human rights and human
rights defenders," Lena said.

She accused the government of not fulfilling its pledge back home.

Different mask

Lena
was referring to the session of the third committee (Social,
Humantarian and Cultural) of the United Nations General Assembly held
last month, at which Malaysia and 116 countries voted in favour of the
resolution.

The resolution calls upon all countries to take
measures to refrain from any acts of intimidation or reprisals against
human right defenders.

"This has to stop. Because they (the government) cannot put on a different mask as soon as they leave Malaysia.

"But when they come back to Malaysia, they continue to prosecute them (human rights defenders)," she said.

Lena
was charged on Sept 19, 2013, with screening an uncensored film, No
Fire Zone: The Killing Fields of Sri Lanka, on July 3, 2013.

The
charge under Section 6(1)(b) of the Film Censorship Act 2002 carries a
jail term of up to three years or a fine of up to RM30,000, or both upon
conviction.

Lena's colleagues and friends, including Komas
executive director Arul Prakash as well as director Anna Har, staged a
protest outside the courtroom to demand the government drop the charge
against her.

The Magistrate's Court was shocked to learn that the
witnesses in Lena's trial were communicating with the Home Ministry's
prosecuting officer in a WhatApps messaging group to "refresh each
other's memory" before testifying in court.

Earlier, the raiding
officer Mechellister Saimon admitted he had sighted the police report
and seacrh list before entering the court, while Omar Mohd Bahari, the
director of Film Censorship Control and Enforcement Division, spoke
about the existence WhatApps group.

The enforcement officer
involved in the July 3, 2013 raid was with the messaging group, which
happened to be the prosecuting officer, according to Omar.

Lena's
defence council New Sin Yew raised objection to the magistrate Mohd
Rehan Mohd Aris, and the latter instructed the prosecutor and witnesses
against (such communication).

Instructed to be silent

In
his testimony, Mechellister, who led the operation, claimed that his
team consficated only a DVD-R as the laptop and the projector that were
used to screen the film, have both disappeared after different men took
them away in the raid.

This was challenged by the defence counsel,
who said the projector was firmly installed on the wall and that nobody
could have taken it away.

"The projecter was hung on the wall; are you making up the part about the projector?" asked New.

"I wasn't sure (where was the projector)," said Mechellister.

The
36-year-old assistant enforcement officer also insisted the raid took
place around 9pm and Lena had passed him the DVD-R copy of the
documentary.

"Do you know the film's duration was in fact 93
minutes, while the DVD-R (that you have consfiscated) is only 54 minutes
long?" asked New during crossed-examination.

"I wasn's sure," replied Mechellister.

"Despite
not being sure, you still brought the DVD-R (to Dang Wangi district
police headquarter) for further investigation?" asked the defence
cousel. The witness said yes.

Meanwhile, Omar confirmed that he
was instructed by the Home Ministry to be silent about the raid
following a complaint by Sri Lanka High Commission, but instead to claim
that the complaint came from the internet.

He was forced to admit it after New read out the content of an e-mail, which was issued by Omar's superior for him to act.

The complaint was attached to the e-mail.

"I
don't know the reason. I don' t understand English, so I didn't read
it," claimed Omar when asked the real reason for the raid.

In the
letter, the high commission had sought the ministry's help to take
action to review the screening of the documentary which it said would
hurt Sri Lankas living all over the world, including Malaysia. - Malaysiakini, 14/12/2015

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